[{"_1":2,"_97":-5,"_98":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":44,"_46":47,"_48":49,"_50":51,"_52":53,"_54":55,"_56":57,"_58":59,"_60":61,"_62":63,"_64":65,"_66":67,"_68":69,"_70":71,"_72":73,"_74":73},"mediaId",6069610,"mediaKeyId","3068117-80ff7ff1ae2cc9a81f81d3f89db14911","parentId",3068117,"title","ZBA rejects repetitive petition to overturn building inspector’s order on retail lobster sales at private residence","audioSeconds",0,"startMs",4166000,"endMs","viewUrl","/Search/View?dp=1&key=3068117-80ff7ff1ae2cc9a81f81d3f89db14911&start=4166&end=4166","thumbnailUrl","https://assets.pipeline.soar.com/3068117-80ff7ff1ae2cc9a81f81d3f89db14911/thumbnail_4166000.jpg","articleUrl","/articles/6069610/Massachusetts/ZBA-rejects-repetitive-petition-to-overturn-building-inspectors-order-on-retail-lobster-sales-at-private-residence","mediaUrl","https://secure.pipeline.soar.com/6069610-a3d92e05739b56d5d2a320cfec02e054/orig.mp4?Expires=1770448450&Signature=hpQVzHY9BFnnRxg2E8I7m9z0DIsz2eMjV7zGXX39mVByRhWTZnCPjMS9coj-7GWhXEOkAejv4SMV8t~Xhhd2vu5AsBLTl2872ckMLElD3ZhVNT1-3ktMbyqk2XDYx-tCjbLqaQs8HpwL83Qhcy3dD4gIR4FnhQmNEr0ZKJQiw-ePny8rsed84ZzMrucwUio0nMqlIY1JxBzA8VEHVkxyLnBON6k9BK8FHBN~INtkGXoytYRCRMrhifwVuzmQw6ewh-3qtrvjtJZRuOSUIQ8XSjUMwpiz9~a7Ac2h~--t3y-6OUd~GlSgMUuoP6r-RG9OGQ5SAWvA8pgfDmlWl2G7BQ__&Key-Pair-Id=KUT5TJCACFTXG","author","Town of Yarmouth, Massachusetts","date","2025-04-10T00:00:00Z","article","The Yarmouth Zoning Board of Appeals on April 10 refused to proceed with a petition asking the board to overturn the building commissioner’s enforcement order that retail sales of lobsters at a private residence on Iroquois Boulevard are not permitted.

The board concluded the petition is repetitive and falls within a two-year bar after a final unfavorable decision on the same matter. Chair Sean Igoe and all board members agreed they had upheld the building commissioner and denied a variance on the issue at an earlier hearing (October of the prior year), and therefore the board would not relitigate the same question within two years unless specific, material changes in conditions were shown.

Attorney Jonathan Poloni represented the petitioner John Tolley and argued the current filing differs because it asks the board to consider whether the use is a protected, preexisting use or a permitted accessory use in the residential district — questions counsel said were not fully developed in the earlier hearing. The chair responded that the board had already upheld the building commissioner’s determination and that the current filing appeared to repeat the prior petition without timely appeal. After discussion, the board voted unanimously to deny the petition as repetitive and not to hear the merits.

The building department had issued a violation letter dated March 7, 2025 directing the property owner to abate retail lobster sales from the residence; the letter referenced prior ZBA decision 05/1934 and the board’s October hearing. The chair told counsel that the applicant may seek relief in Superior Court if he believes the board erred and that a court could remand the matter to the ZBA.

The board’s determination concluded the ZBA will not accept the petition for hearing because it is within two years of a final unfavorable decision on substantially the same issues; the petitioner was advised of the option to appeal to court.","mediaType","Video","parentTitle","Town of Yarmouth: Zoning Board of Appeals 4-10-2025","oneSentenceSummary","The Zoning Board of Appeals found the petition to overturn a building inspector’s enforcement order about retail lobster sales at a West Yarmouth residence to be repetitive and barred by the two-year restriction following a prior unfavorable decision; the board voted to deny the petition.","taxTitle","Town of Yarmouth, Barnstable County, Massachusetts","taxId",68581,"location","Massachusetts","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_46":81,"_48":82,"_50":83,"_52":84,"_54":55,"_56":57,"_58":85,"_60":61,"_62":63,"_64":86,"_66":67,"_68":69,"_70":71,"_72":73,"_74":73},6069615,"ZBA denies special permit and variance for family daycare in small Route 28 condominium unit",1349,1496000,2845000,"/Search/View?dp=1&key=3068117-80ff7ff1ae2cc9a81f81d3f89db14911&start=1496&end=2845","https://assets.pipeline.soar.com/3068117-80ff7ff1ae2cc9a81f81d3f89db14911/thumbnail_1496000.jpg","/articles/6069615/Massachusetts/ZBA-denies-special-permit-and-variance-for-family-daycare-in-small-Route-28-condominium-unit","https://secure.pipeline.soar.com/6069615-0b607ab32ee430970224cf6c59404a0b/orig.mp4?Expires=1770448450&Signature=Bz9HZwkr3McZXknQIKKNbTspkY95HaVoruHHI1NBVIbujclgW3epdBKd92IWvdwCJv0pf0YicrrfVp2-sXsaPhag6DJh-cR2ESPfSsoXu3CBBiZ32fIQrEMIlBaq1xEMvG1Rgz-X2g4vqybI3TxLlWWdAY2yOT3TFkFCrctz~DRoKdHU3bVOTQx-tkzojQcjPuUgFU14QCqNAK3d47FIXQlxxwbKXnloGtA4Nv7lmn~CgnHYspLryqbrEamx5nxy1hbiupBebnY5Ce-XWQtMoR7TX8Lwt7zrMU3dQ1UwkuknDM1CDofbRu~upykKBqflUBQORdR~CWjXfcd50FC4YA__&Key-Pair-Id=KUT5TJCACFTXG","The Yarmouth Zoning Board of Appeals on April 10 denied a special permit and then denied a variance for a family day-care operation run from a unit at 785 Route 28 (unit 9), concluding the operation does not meet the town’s special-permit criteria and also conflicts with the condominium master deed.

Applicant Andrea Paiva told the board she currently cares for six children in the unit and operates under a Massachusetts EEC (Early Education and Care) license that allows up to eight children indoors but limits outdoor capacity. Paiva said most families walk or arrive at staggered times; she said she has the landlord’s permission. She said an outside fenced deck is used for outdoor time and that she runs the program Monday–Friday from about 7 a.m. to 5 p.m.

Board members and staff identified two central concerns. First, the condominium master deed prohibits business uses; the building inspector issued a violation notice on March 3 indicating the use requires a special permit in a B-2 zone but may conflict with condominium restrictions. Second, board members said the unit’s small interior area (board members estimated the total unit square footage at roughly 700–800 square feet) and limited outdoor space create potential congestion, safety and nuisance problems given Route 28’s traffic and the complex’s tight parking.

“Under the master deed of the condominium, business uses are prohibited,” the board said during deliberations, and members concluded the petition did not meet the bylaw criteria for a special permit. A motion to approve the special permit failed on a 0–5 vote. The board then moved to deny the variance request; that motion carried unanimously.

Paiva received public support from several local speakers who urged the board to consider the childcare’s value to working families. The board acknowledged community need for family day cares but said that need does not override the master deed restriction and the site-specific safety and parking concerns.

The board’s denial leaves Paiva’s operation subject to the building department’s enforcement action; she was advised of the decision and the available administrative options, including landlord and condominium-level remedies.","The Yarmouth Zoning Board of Appeals denied both a special-permit request and a variance for a home-based family daycare at 785 Route 28 after finding the location conflicts with the condominium master deed, has limited indoor and outdoor space, and creates parking and safety concerns.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":42,"_43":90,"_45":90,"_46":91,"_48":92,"_50":93,"_52":94,"_54":55,"_56":57,"_58":95,"_60":61,"_62":63,"_64":96,"_66":67,"_68":69,"_70":71,"_72":73,"_74":73},6069620,"Yarmouth ZBA approves one-year special permit for seasonal employee housing at Parkers River Resort",3427000,"/Search/View?dp=1&key=3068117-80ff7ff1ae2cc9a81f81d3f89db14911&start=3427&end=3427","https://assets.pipeline.soar.com/3068117-80ff7ff1ae2cc9a81f81d3f89db14911/thumbnail_3427000.jpg","/articles/6069620/Massachusetts/Yarmouth-ZBA-approves-one-year-special-permit-for-seasonal-employee-housing-at-Parkers-River-Resort","https://secure.pipeline.soar.com/6069620-851bfa103e2e1e85cbb104d1fb438476/orig.mp4?Expires=1770448450&Signature=CBrqJmKvlhzFxO7Iblg5h81rQ0zlIE6OtkTeMIyNwJUEviA2tLZACVBvQ5RIwrCWwkAFNEO-075rdVmMjOskURLhBgBS8eQY91gOBfofgIWQ2-oH0vJGY5x6MaIJutqfeEiZTDdDo0RSxFu61tN3t7QxwFGJXAxnA9rT33uQE1uQT77MbkMJ92pi78m4lo2hWRvAS6MaIR5EGSX1fBhzHw79odv9pYYvEpfD9MbT-6gf5VerOyXYkP3bGyrReZN575Tf6DWHEzyWgYGg6zlu2nMZysES-Bd9uRwFPiXdVAdrF7BMNYxzZXy~KuJC02mXvwEz3A5ATfnbie8UJ01s7A__&Key-Pair-Id=KUT5TJCACFTXG","The Yarmouth Zoning Board of Appeals on April 10 unanimously approved a one-year special permit allowing seasonal employee housing at the Parkers River Resort motel at 759 Route 28 in South Yarmouth.

The permit authorizes use of existing units as seasonal employee housing for the current season only, with the board attaching the same conditions it previously imposed on comparable approvals. The board chair noted a 20-day appeal period, after which the decision must be recorded with the town clerk and filed at the registry of deeds.

Attorney Kilroy and prospective owner-manager Doug Koenig told the board the request is temporary and intended to bridge the property’s finances while renovations and rebranding are completed. Koenig said the property has operated as seasonal employee housing the past three years and that this season he expects to rent rooms to employees of Chatham Bars Inn under a pending contract that covers all units. “It covers all the units,” Koenig said of the Chatham Bars arrangement, adding the contract was not physically signed pending the board’s action.

Koenig described plans to convert the motel into an adult-focused, higher-end property beginning after the season, with exterior work staged to minimize disruption. He told the board he plans to be on-site frequently and that a manager’s unit will be occupied during the season to handle any issues. Board members pressed Koenig on local solicitations; he said he contacted several area businesses but that most demand came from outside Yarmouth.

Board members acknowledged that the zoning bylaw’s purpose for employee-housing permits is to support Yarmouth businesses but that the one-year limit and prior precedent weighed in favor of a temporary approval. Board member Jay moved to approve the special permit for one year with the same provisions used in previous decisions; another board member seconded. The motion carried unanimously.

Action specifics: the board approved a one-year special permit (season: April 1–Oct. 31) for seasonal employee housing at 759 Route 28; vote was unanimous. The chair reminded the applicant of the 20-day appeal period after the decision is filed with the town clerk.

The applicant was told to record the permit at the registry of deeds and return a copy to the board. If the applicant proceeds with renovations after the season, any subsequent request to continue employee housing beyond the one-year term would require a new application.","The Yarmouth Zoning Board of Appeals unanimously approved a one-year special permit allowing Parkers River Resort (759 Route 28) to house seasonal employees for the coming season, subject to the same conditions previously imposed on similar approvals.","actionData","errors"]

Article not found

ZBA rejects repetitive petition to overturn building inspector’s order on retail lobster sales at private residence

ZBA denies special permit and variance for family daycare in small Route 28 condominium unit

Yarmouth ZBA approves one-year special permit for seasonal employee housing at Parkers River Resort